# Official Journal L 145/9 Ju

| | ISSN 1725-2555 |
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| Official Journal
  of the European Union | L 145 |
| | |
| English edition | Legislation | Volume 489 June 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 145

English edition

Legislation

Volume 489 June 2005

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| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 866/2005 of 6 June 2005 extending the definitive anti-dumping measures imposed by Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines | 1 |
| | | Commission Regulation (EC) No 867/2005 of 8 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 16 |
| | | Commission Regulation (EC) No 868/2005 of 8 June 2005 opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries | 18 |
| | * | Commission Regulation (EC) No 869/2005 of 8 June 2005 amending Annexes I and II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin as regards ivermectin and carprofen (
  1
  ) | 19 |
| | | Commission Regulation (EC) No 870/2005 of 8 June 2005 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements | 21 |
| | | Commission Regulation (EC) No 871/2005 of 8 June 2005 laying down the reduction coefficient to be applied under tariff subquota III for common wheat of a quality other than high quality opened by Regulation (EC) No 2375/2002 | 24 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 866/2005 of 6 June 2005 extending the definitive anti-dumping measures imposed by Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines

1

Commission Regulation (EC) No 867/2005 of 8 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

16

Commission Regulation (EC) No 868/2005 of 8 June 2005 opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries

18

*

Commission Regulation (EC) No 869/2005 of 8 June 2005 amending Annexes I and II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin as regards ivermectin and carprofen (
  1
  )

1

19

Commission Regulation (EC) No 870/2005 of 8 June 2005 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

21

Commission Regulation (EC) No 871/2005 of 8 June 2005 laying down the reduction coefficient to be applied under tariff subquota III for common wheat of a quality other than high quality opened by Regulation (EC) No 2375/2002

24

| | | II   Acts whose publication is not obligatory |
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| | | EUROPEAN ECONOMIC AREA |
| | | EFTA Surveillance Authority |
| | * | EFTA Surveillance Authority Decision No 218/03/COL of 12 November 2003 with regard to state aid in the form of regionally differentiated social security contributions — Norway | 25 |

II   Acts whose publication is not obligatory

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

*

EFTA Surveillance Authority Decision No 218/03/COL of 12 November 2003 with regard to state aid in the form of regionally differentiated social security contributions — Norway

25

| | | Corrigenda |
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| | * | Corrigendum to Council Directive 89/682/EEC of 21 December 1989 amending Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors ( OJ L 398, 30.12.1989 ) | 42 |

Corrigenda

*

Corrigendum to Council Directive 89/682/EEC of 21 December 1989 amending Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors ( OJ L 398, 30.12.1989 )

42

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts whose publication is obligatory

| 9.6.2005 | EN | Official Journal of the European Union | L 145/1 |
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9.6.2005

EN

Official Journal of the European Union

L 145/1

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COUNCIL REGULATION (EC) No 866/2005

of 6 June 2005

extending the definitive anti-dumping measures imposed by Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’), and in particular Article 13 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   Existing measures and former investigations

| (1) | By Regulation (EC) No 1470/2001 (2), (the ‘original Regulation’), the Council imposed definitive anti-dumping duties ranging from 0 to 66,1 % on imports of integrated electronic compact fluorescent lamps (‘CFL-i’) originating in the People’s Republic of China (‘the original investigation’). |
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(1)

By Regulation (EC) No 1470/2001 (2), (the ‘original Regulation’), the Council imposed definitive anti-dumping duties ranging from 0 to 66,1 % on imports of integrated electronic compact fluorescent lamps (‘CFL-i’) originating in the People’s Republic of China (‘the original investigation’).

2

| (2) | In October 2002, the Commission initiated an absorption investigation (3) pursuant to Article 12 of the basic Regulation with regard to the above anti-dumping measures. This investigation was terminated in March 2004 after the applicant formally withdrew its request (4). |
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(2)

In October 2002, the Commission initiated an absorption investigation (3) pursuant to Article 12 of the basic Regulation with regard to the above anti-dumping measures. This investigation was terminated in March 2004 after the applicant formally withdrew its request (4).

3

4

2.   Request

| (3) | On 16 August 2004, the Commission received a request pursuant to Article13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on CFL-i originating in the People’s Republic of China (‘the PRC’ or ‘China’). The request was submitted by the Lighting Industry and Trade in Europe (‘LITE’) on behalf of producers and importers of CFL-i in the Community (‘the applicant’). The request alleged that the anti-dumping measures in force on imports of CFL-i originating in the PRC were being circumvented by means of transhipment and/or assembly operations via Vietnam, Pakistan and/or the Philippines. |
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(3)

On 16 August 2004, the Commission received a request pursuant to Article13(3) of the basic Regulation to investigate the alleged circumvention of the anti-dumping measures imposed on CFL-i originating in the People’s Republic of China (‘the PRC’ or ‘China’). The request was submitted by the Lighting Industry and Trade in Europe (‘LITE’) on behalf of producers and importers of CFL-i in the Community (‘the applicant’). The request alleged that the anti-dumping measures in force on imports of CFL-i originating in the PRC were being circumvented by means of transhipment and/or assembly operations via Vietnam, Pakistan and/or the Philippines.

| (4) | The request further alleged that since the imposition of the anti-dumping measures, there had been a change in the pattern of trade (with decreasing Chinese imports and increasing imports from the abovementioned countries), for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping measures and that the remedial effects of the existing anti-dumping measures on imports of CFL-i originating in the PRC were being undermined both in terms of quantity and price. In addition, there was sufficient evidence that these increased imports from Vietnam, Pakistan and the Philippines were made at prices below the non-injurious price established in the investigation that led to the existing measures. |
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(4)

The request further alleged that since the imposition of the anti-dumping measures, there had been a change in the pattern of trade (with decreasing Chinese imports and increasing imports from the abovementioned countries), for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping measures and that the remedial effects of the existing anti-dumping measures on imports of CFL-i originating in the PRC were being undermined both in terms of quantity and price. In addition, there was sufficient evidence that these increased imports from Vietnam, Pakistan and the Philippines were made at prices below the non-injurious price established in the investigation that led to the existing measures.

| (5) | Finally, the applicant alleged that the prices of CFL-i consigned from Vietnam, Pakistan and the Philippines were dumped in relation to the normal value established for the like product during the original investigation. |
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(5)

Finally, the applicant alleged that the prices of CFL-i consigned from Vietnam, Pakistan and the Philippines were dumped in relation to the normal value established for the like product during the original investigation.

3.   Initiation

| (6) | Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission initiated an investigation by Regulation (EC) No 1582/2004 (5) (the ‘initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission, by means of the initiating Regulation, also instructed the customs authorities to register imports of CFL-i consigned from Vietnam, Pakistan and the Philippines whether declared as originating in Vietnam, Pakistan or the Philippines or not, as from 11 September 2004. |
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(6)

Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission initiated an investigation by Regulation (EC) No 1582/2004 (5) (the ‘initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission, by means of the initiating Regulation, also instructed the customs authorities to register imports of CFL-i consigned from Vietnam, Pakistan and the Philippines whether declared as originating in Vietnam, Pakistan or the Philippines or not, as from 11 September 2004.

prima facie

5

4.   Investigation

| (7) | The Commission officially advised the authorities of the PRC, Vietnam, Pakistan and the Philippines, the producers/exporters, the importers in the Community known to be concerned and the applicant Community industry of the initiation of the investigation. Questionnaires were sent to the exporters/ producers in Vietnam, Pakistan and the Philippines, to the exporters/producers in the PRC, to the importers in the Community named in the request, which were known to the Commission from the original investigation or which made themselves known within the deadlines specified in Article 3(1) of the initiating Regulation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. |
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(7)

The Commission officially advised the authorities of the PRC, Vietnam, Pakistan and the Philippines, the producers/exporters, the importers in the Community known to be concerned and the applicant Community industry of the initiation of the investigation. Questionnaires were sent to the exporters/ producers in Vietnam, Pakistan and the Philippines, to the exporters/producers in the PRC, to the importers in the Community named in the request, which were known to the Commission from the original investigation or which made themselves known within the deadlines specified in Article 3(1) of the initiating Regulation. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation.

| (8) | Four producers/exporters in Vietnam, one producer/exporter in Pakistan and five producers/exporters in China submitted a reply to the questionnaire whilst no reply was received from the producers/exporters in the Philippines. Replies to the questionnaire were also submitted by two related and two unrelated importers in the Community. |
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(8)

Four producers/exporters in Vietnam, one producer/exporter in Pakistan and five producers/exporters in China submitted a reply to the questionnaire whilst no reply was received from the producers/exporters in the Philippines. Replies to the questionnaire were also submitted by two related and two unrelated importers in the Community.

| (9) | The following companies cooperated in the investigation and submitted replies to the questionnaires: | Unrelated importers:







  — | Elektro Cirkel BV, the Netherlands |
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(9)

The following companies cooperated in the investigation and submitted replies to the questionnaires:

Unrelated importers:

Unrelated importers:

—

Elektro Cirkel BV, the Netherlands

| — | Carrefour SA, France |
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—

Carrefour SA, France

| | Related importers:







  — | Energy Research 2000 BV, the Netherlands, |
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Related importers:

Related importers:

—

Energy Research 2000 BV, the Netherlands,

| — | e3light A/S, Denmark, |
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—

e3light A/S, Denmark,

| | Vietnamese producers/exporters:







  — | Eco Industries Vietnam Co., Ltd, Haiphong (related to e3light A/S) |
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Vietnamese producers/exporters:

Vietnamese producers/exporters:

—

Eco Industries Vietnam Co., Ltd, Haiphong (related to e3light A/S)

| — | Energy Research Vietnam Co., Ltd, Haiphong (related to Energy Research 2000 BV) |
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—

Energy Research Vietnam Co., Ltd, Haiphong (related to Energy Research 2000 BV)

| — | Halong service and import export company (Halong Simexco), Haiphong |
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—

Halong service and import export company (Halong Simexco), Haiphong

| — | Rang Dong Light Source and Vacuum Flask Joint Stock Company (Ralaco), Hanoi |
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—

Rang Dong Light Source and Vacuum Flask Joint Stock Company (Ralaco), Hanoi

| | Pakistani producer/exporter:







  — | Ecopak Lighting, Karachi |
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Pakistani producer/exporter:

Pakistani producer/exporter:

—

Ecopak Lighting, Karachi

| | Chinese producers/exporters:







  — | Firefly Lighting Co. Ltd, Shenzhen |
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Chinese producers/exporters:

Chinese producers/exporters:

—

Firefly Lighting Co. Ltd, Shenzhen

| — | Lisheng Electronic & Lighting (Xiamen) Co., Ltd |
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—

Lisheng Electronic & Lighting (Xiamen) Co., Ltd

| — | City Bright Lighting (Shenzhen), Ltd, Shenzhen |
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—

City Bright Lighting (Shenzhen), Ltd, Shenzhen

| — | Ningbo Super Trend Electron Co. Ltd, Ningbo |
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—

Ningbo Super Trend Electron Co. Ltd, Ningbo

| — | Zhejiang Sunlight Group Co. Ltd, Shangyu |
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—

Zhejiang Sunlight Group Co. Ltd, Shangyu

| (10) | Verification visits were carried out at the premises of the following companies:






  — | Ecopak Lighting, Karachi (Pakistan) |
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(10)

Verification visits were carried out at the premises of the following companies:

—

Ecopak Lighting, Karachi (Pakistan)

| — | Eco Industries Vietnam Co., Ltd, Haiphong and its related company e3light in Denmark |
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—

Eco Industries Vietnam Co., Ltd, Haiphong and its related company e3light in Denmark

| — | Energy Research Vietnam Co., Ltd, Haiphong |
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—

Energy Research Vietnam Co., Ltd, Haiphong

| — | Rang Dong Light Source and Vacuum Flask Joint Stock Company (Ralaco), Hanoi |
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—

Rang Dong Light Source and Vacuum Flask Joint Stock Company (Ralaco), Hanoi

| — | Carrefour SA, France. |
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—

Carrefour SA, France.

5.   Investigation period

| (11) | The investigation period (the ‘IP’) covered the period from 1 July 2003 to 30 June 2004. Data was collected from 1999 up to the end of the IP to investigate the alleged change in the pattern of trade. |
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(11)

The investigation period (the ‘IP’) covered the period from 1 July 2003 to 30 June 2004. Data was collected from 1999 up to the end of the IP to investigate the alleged change in the pattern of trade.

6.   Disclosure

| (12) | All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend:






  (i) | the extension of the definitive anti-dumping measures imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from Vietnam, Pakistan and the Philippines; |
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(12)

All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend:

(i)

the extension of the definitive anti-dumping measures imposed by Council Regulation (EC) No 1470/2001 on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China to imports of the same product consigned from Vietnam, Pakistan and the Philippines;

| (ii) | not to grant exemptions to the companies having requested them. |
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(ii)

not to grant exemptions to the companies having requested them.

In accordance with the provisions of the basic Regulation, parties were granted a period in which they could make representations subsequent to this disclosure.

| (13) | The oral and written comments submitted by the parties were considered and, where appropriate, the definitive findings have been modified accordingly. |
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(13)

The oral and written comments submitted by the parties were considered and, where appropriate, the definitive findings have been modified accordingly.

B.   RESULTS OF THE INVESTIGATION

1.   General considerations

| (14) | As mentioned above, the analysis of a change in the pattern of trade covered the period from 1999 up to the end of the IP, i.e. covering mainly the period before the enlargement of the European Union on 1st May 2004. A meaningful determination as to whether there has been a change of pattern in trade within this period could therefore only be made on the basis of a comparison of import levels of the product concerned into the 15 Member States before enlargement (‘EU-15’ or ‘the Community’). Indeed, it should be noted that, since before enlargement the existing measures only applied to EU-15, before enlargement they could only be circumvented with respect to EU-15. Moreover, any data relating to the period after enlargement with regard to the 10 new Member States would as such not allow a trend to be discerned, as comparable data for previous years do not exist. |
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(14)

As mentioned above, the analysis of a change in the pattern of trade covered the period from 1999 up to the end of the IP, i.e. covering mainly the period before the enlargement of the European Union on 1st May 2004. A meaningful determination as to whether there has been a change of pattern in trade within this period could therefore only be made on the basis of a comparison of import levels of the product concerned into the 15 Member States before enlargement (‘EU-15’ or ‘the Community’). Indeed, it should be noted that, since before enlargement the existing measures only applied to EU-15, before enlargement they could only be circumvented with respect to EU-15. Moreover, any data relating to the period after enlargement with regard to the 10 new Member States would as such not allow a trend to be discerned, as comparable data for previous years do not exist.

2.   Degree of cooperation and determination of the import volume

| (15) | As stated above in recital 9, four exporters/producers in Vietnam, of which only one company exported CFL-i to the Community, one exporting producer in Pakistan and five exporting producers in China cooperated by submitting questionnaire replies. No cooperation was obtained from the Philippines. |
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(15)

As stated above in recital 9, four exporters/producers in Vietnam, of which only one company exported CFL-i to the Community, one exporting producer in Pakistan and five exporting producers in China cooperated by submitting questionnaire replies. No cooperation was obtained from the Philippines.

| (16) | The import volume recorded in Eurostat covered a larger product group than CLF-i, i.e. all fluorescent lamps. |
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(16)

The import volume recorded in Eurostat covered a larger product group than CLF-i, i.e. all fluorescent lamps.

| (17) | The export volume of CFL-i reported by the sole cooperating exporter in Vietnam covered only 3 % of the export volume recorded in Eurostat. The information received during the investigation indicated the existence of a number of other non cooperating exporters/producers in Vietnam which exported CFL-i to the Community during the IP. Therefore, it was considered that the data provided by the cooperating exporter did not sufficiently reflect the overall import volume of CFL-i from Vietnam. |
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(17)

The export volume of CFL-i reported by the sole cooperating exporter in Vietnam covered only 3 % of the export volume recorded in Eurostat. The information received during the investigation indicated the existence of a number of other non cooperating exporters/producers in Vietnam which exported CFL-i to the Community during the IP. Therefore, it was considered that the data provided by the cooperating exporter did not sufficiently reflect the overall import volume of CFL-i from Vietnam.

| (18) | With regard to Pakistan, and as mentioned below in recital 52, it was found that the data reported by the cooperating exporter were unreliable. With regard to the Philippines, no cooperation at all was obtained. There was also a low level of cooperation from exporters in the PRC, where out of at least 12 known Chinese exporting producers (representing approximately 30 % of the total exports from China during the investigation period of the original investigation) only five submitted a questionnaire reply. Moreover, three of these questionnaire replies were largely incomplete. Therefore, on the basis of the information submitted by the cooperating parties no reasonable determination could be made as to import volumes of CFL-i into the Community. |
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(18)

With regard to Pakistan, and as mentioned below in recital 52, it was found that the data reported by the cooperating exporter were unreliable. With regard to the Philippines, no cooperation at all was obtained. There was also a low level of cooperation from exporters in the PRC, where out of at least 12 known Chinese exporting producers (representing approximately 30 % of the total exports from China during the investigation period of the original investigation) only five submitted a questionnaire reply. Moreover, three of these questionnaire replies were largely incomplete. Therefore, on the basis of the information submitted by the cooperating parties no reasonable determination could be made as to import volumes of CFL-i into the Community.

| (19) | Given the above, findings in respect of exports of CFL-I into the Community had to be made partially on the basis of facts available in accordance with Article 18 of the basic Regulation. In the absence of any other more reliable source of information, Eurostat data were therefore used to determine overall import volumes from the PRC, Vietnam, Pakistan and the Philippines. These data were cross-checked and confirmed by other statistical sources. |
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(19)

Given the above, findings in respect of exports of CFL-I into the Community had to be made partially on the basis of facts available in accordance with Article 18 of the basic Regulation. In the absence of any other more reliable source of information, Eurostat data were therefore used to determine overall import volumes from the PRC, Vietnam, Pakistan and the Philippines. These data were cross-checked and confirmed by other statistical sources.

3.   Methodology

| (20) | In accordance with Article 13(1) of the basic Regulation, the assessment of the existence of circumvention was done by analysing successively whether there was a change in the pattern of trade between third countries and the Community, if this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty, if there was evidence of injury or that the remedial effects of the duty were being undermined in terms of the prices and/or quantities of the like product, and whether there was evidence of dumping in relation to the normal values previously established for the like product, if necessary in accordance with the provisions of Article 2 of the basic Regulation. |
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(20)

In accordance with Article 13(1) of the basic Regulation, the assessment of the existence of circumvention was done by analysing successively whether there was a change in the pattern of trade between third countries and the Community, if this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty, if there was evidence of injury or that the remedial effects of the duty were being undermined in terms of the prices and/or quantities of the like product, and whether there was evidence of dumping in relation to the normal values previously established for the like product, if necessary in accordance with the provisions of Article 2 of the basic Regulation.

| (21) | The practice, process or work referred to above includes, inter alia, the consignment of the product subject to measures via third countries and the assembly of parts by an assembly operation in the Community or a third country. For this purpose the existence of assembly operations was determined in accordance with Article 13(2) of the basic Regulation. |
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(21)

The practice, process or work referred to above includes, inter alia, the consignment of the product subject to measures via third countries and the assembly of parts by an assembly operation in the Community or a third country. For this purpose the existence of assembly operations was determined in accordance with Article 13(2) of the basic Regulation.

inter alia

| (22) | In this regard, and as explained below in recitals 42 and 82, it is noted that none of the cooperating companies submitted reliable information which could have been used as a basis for the calculation of the value of the parts used in the assembly operations or the value added to the parts brought in during the completion of the operations. Findings in this regard were therefore based on facts available in accordance with Article 18 of the basic Regulation. |
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(22)

In this regard, and as explained below in recitals 42 and 82, it is noted that none of the cooperating companies submitted reliable information which could have been used as a basis for the calculation of the value of the parts used in the assembly operations or the value added to the parts brought in during the completion of the operations. Findings in this regard were therefore based on facts available in accordance with Article 18 of the basic Regulation.

| (23) | To assess whether the operation started or substantially increased after, or just prior to, the initiation of the anti-dumping investigation, an analysis of the trade flow of the imports into the Community which occurred after the imposition of definitive measures on imports originating in China was made. |
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(23)

To assess whether the operation started or substantially increased after, or just prior to, the initiation of the anti-dumping investigation, an analysis of the trade flow of the imports into the Community which occurred after the imposition of definitive measures on imports originating in China was made.

| (24) | To assess whether the imported products had, in terms of quantities and prices, undermined the remedial effects of the measures in force on imports of CFL-i from China, the quantities and prices to unrelated customers in the Community of the imports consigned from the three countries under investigation were used where available. In other cases, Eurostat data was used as the best data available concerning quantities and prices. The prices so determined were compared to the injury elimination level established for Community producers in the original investigation. |
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(24)

To assess whether the imported products had, in terms of quantities and prices, undermined the remedial effects of the measures in force on imports of CFL-i from China, the quantities and prices to unrelated customers in the Community of the imports consigned from the three countries under investigation were used where available. In other cases, Eurostat data was used as the best data available concerning quantities and prices. The prices so determined were compared to the injury elimination level established for Community producers in the original investigation.

| (25) | Finally, in accordance with Article 13(1) and (2) of the basic Regulation, it was examined whether there was evidence of dumping in relation to the normal value previously established for like or similar products. In this regard, export prices of the cooperating producer/exporter of CFL-i during the IP were compared with the normal value established in the investigation leading to the imposition of the definitive measures for the like product. In the original investigation normal value was established on the basis of prices or constructed value in Mexico, which was found to be an appropriate market economy analogue country for the PRC. |
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(25)

Finally, in accordance with Article 13(1) and (2) of the basic Regulation, it was examined whether there was evidence of dumping in relation to the normal value previously established for like or similar products. In this regard, export prices of the cooperating producer/exporter of CFL-i during the IP were compared with the normal value established in the investigation leading to the imposition of the definitive measures for the like product. In the original investigation normal value was established on the basis of prices or constructed value in Mexico, which was found to be an appropriate market economy analogue country for the PRC.

| (26) | For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability. With regard to the product exported from Vietnam it was found that it had specific physical characteristics. Therefore, it was deemed appropriate to grant an adjustment for differences in physical differences in accordance with Article 2(10)(a) of the basic Regulation. |
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(26)

For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability. With regard to the product exported from Vietnam it was found that it had specific physical characteristics. Therefore, it was deemed appropriate to grant an adjustment for differences in physical differences in accordance with Article 2(10)(a) of the basic Regulation.

| (27) | In accordance with Article 2(11) and (12) of the basic Regulation, dumping was calculated by comparing the weighted average normal value as established in the original investigation and the weighted average export prices during this investigation’s IP, expressed as a percentage of the CIF price at the Community frontier, duty unpaid. |
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(27)

In accordance with Article 2(11) and (12) of the basic Regulation, dumping was calculated by comparing the weighted average normal value as established in the original investigation and the weighted average export prices during this investigation’s IP, expressed as a percentage of the CIF price at the Community frontier, duty unpaid.

4.   Product concerned and like product

| (28) | The product concerned is, as defined in the original Regulation, CFL-i, currently classifiable within CN code ex 8539 31 90. A CFL-i is an electronic compact fluorescent discharge lamp with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot. |
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(28)

The product concerned is, as defined in the original Regulation, CFL-i, currently classifiable within CN code ex 8539 31 90. A CFL-i is an electronic compact fluorescent discharge lamp with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot.

| (29) | The investigation showed that the CFL-i exported to the Community from the People’s Republic of China and those consigned from Vietnam, Pakistan or the Philippines to the Community have the same basic physical characteristics and have the same uses. They are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(29)

The investigation showed that the CFL-i exported to the Community from the People’s Republic of China and those consigned from Vietnam, Pakistan or the Philippines to the Community have the same basic physical characteristics and have the same uses. They are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.

5.   Change in the pattern of trade

| (30) | Imports from China more than halved after the imposition of measures in 2001, i.e. decreased from 85 million units in 2000 to 37 million units in 2002. Although imports recovered partially after 2002, their level in 2004 was still more than 20 % below the level of 2000, i.e. before the imposition of the measures. On the other hand, imports from Vietnam, Pakistan and the Philippines, practically inexistent before 2001, increased significantly after the imposition of measures. |
| --- | --- |

(30)

Imports from China more than halved after the imposition of measures in 2001, i.e. decreased from 85 million units in 2000 to 37 million units in 2002. Although imports recovered partially after 2002, their level in 2004 was still more than 20 % below the level of 2000, i.e. before the imposition of the measures. On the other hand, imports from Vietnam, Pakistan and the Philippines, practically inexistent before 2001, increased significantly after the imposition of measures.

| (31) | The following table 1 shows import quantities (pieces) of fluorescent lamps from the above mentioned countries into the EU15, including CFL-i as recorded in Eurostat at CN code level:
  Table 1











  Partner/Period | 1999 | 2000 | 2001 | 2002 | 2003 | 2004 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| China (units) | 70 483 168 | 85 154 477 | 46 763 569 | 37 493 151 | 54 845 219 | 69 604 510 |
| % of growth | 151 | 182 | 100 | 80 | 117 | 149 |
| Vietnam (units) | 0 | 0 | 925 518 | 1 920 973 | 5 451 201 | 8 215 491 |
| % of growth | 0 | 0 | 100 | 208 | 589 | 888 |
| Philippines (units) | 768 406 | 82 840 | 1 487 219 | 2 995 323 | 3 250 691 | 3 956 526 |
| % of growth | 52 | 6 | 100 | 201 | 219 | 266 |
| Pakistan (units) | 0 | 0 | 196 240 | 584 065 | 674 119 | 1 255 456 |
| % of growth | 0 | 0 | 100 | 298 | 344 | 640 |
| Source: Eurostat, CN code 8539 31 90 , EU15, Base 100 in 2001. |

(31)

The following table 1 shows import quantities (pieces) of fluorescent lamps from the above mentioned countries into the EU15, including CFL-i as recorded in Eurostat at CN code level:

Table 1

Partner/Period

1999

2000

2001

2002

2003

2004

China (units)

70 483 168

85 154 477

46 763 569

37 493 151

54 845 219

69 604 510

% of growth

151

182

100

80

117

149

Vietnam (units)

0

0

925 518

1 920 973

5 451 201

8 215 491

% of growth

0

0

100

208

589

888

Philippines (units)

768 406

82 840

1 487 219

2 995 323

3 250 691

3 956 526

% of growth

52

6

100

201

219

266

Pakistan (units)

0

0

196 240

584 065

674 119

1 255 456

% of growth

0

0

100

298

344

640

Source: Eurostat, CN code 8539 31 90 , EU15, Base 100 in 2001.

Source

| (32) | Further analysis of these data, complemented and cross-checked by other statistical sources revealed that around half of the total exports for China as recorded in Eurostat consisted of CLF-i and that the import trend for imports of the product concerned is correlated to the one of the fluorescent lamps, i.e. both showed similar trends. |
| --- | --- |

(32)

Further analysis of these data, complemented and cross-checked by other statistical sources revealed that around half of the total exports for China as recorded in Eurostat consisted of CLF-i and that the import trend for imports of the product concerned is correlated to the one of the fluorescent lamps, i.e. both showed similar trends.

| (33) | In addition, it was found that the resurge in the Chinese imports in 2003 and 2004 was mainly due to an increase in exports from companies subject to no or low anti-dumping duties — Lisheng Electronic & Lighting (Xiamen) Co., Ltd (‘Lisheng’) and Shenzhen Zuoming Electronic Co., Ltd (‘Shenzhen’) — while import levels from the remaining companies were relatively stable during the same period. |
| --- | --- |

(33)

In addition, it was found that the resurge in the Chinese imports in 2003 and 2004 was mainly due to an increase in exports from companies subject to no or low anti-dumping duties — Lisheng Electronic & Lighting (Xiamen) Co., Ltd (‘Lisheng’) and Shenzhen Zuoming Electronic Co., Ltd (‘Shenzhen’) — while import levels from the remaining companies were relatively stable during the same period.

| (34) | The table below, based on statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation, shows the import quantities of CFL-i (in pieces) from Lisheng and Shenzhen on the one hand, and the remaining Chinese companies subject to higher duty rates, on the other hand:
  Table 2









  Company | AD in force | 2002 | 2003 | 2004 |
| --- | --- | --- | --- | --- | --- |
| Lisheng Electronic & Lighting (Xiamen) Co., Ltd, | 0  % | 100 | 101 | 154 |
| Shenzhen Zuoming Electronic Co., Ltd | 8,4  % | 100 | 178 | 221 |
| Other companies | 17,1 to 66,1 % | 100 | 119 | 128 |
| Total | | 100 | 110 | 150 |
| Source: Statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation. |

(34)

The table below, based on statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation, shows the import quantities of CFL-i (in pieces) from Lisheng and Shenzhen on the one hand, and the remaining Chinese companies subject to higher duty rates, on the other hand:

Table 2

Company

AD in force

2002

2003

2004

Lisheng Electronic & Lighting (Xiamen) Co., Ltd,

0  %

100

101

154

Shenzhen Zuoming Electronic Co., Ltd

8,4  %

100

178

221

Other companies

17,1 to 66,1 %

100

119

128

Total

100

110

150

Source: Statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation.

Source

The Philippines

| (35) | As mentioned above in recitals 18 and 19, import volumes with regard to the Philippines were determined on the basis of Eurostat statistics. |
| --- | --- |

(35)

As mentioned above in recitals 18 and 19, import volumes with regard to the Philippines were determined on the basis of Eurostat statistics.

| (36) | Before 2001, the year of the imposition of the definitive anti-dumping measures, imports from the Philippines were insignificant. In 2001, after the imposition of the duties, they almost doubled, however, and increased further from 1,4 million units in 2001 to 2,9 million units in 2002. During the IP imports amounted to 3,9 million units, i.e. increased by a total of 262 % in comparison to 2001. |
| --- | --- |

(36)

Before 2001, the year of the imposition of the definitive anti-dumping measures, imports from the Philippines were insignificant. In 2001, after the imposition of the duties, they almost doubled, however, and increased further from 1,4 million units in 2001 to 2,9 million units in 2002. During the IP imports amounted to 3,9 million units, i.e. increased by a total of 262 % in comparison to 2001.

| (37) | The investigation revealed that exports from the PRC to the Philippines have increased consistently since 2000 and dramatically in 2003. At the same time, import statistics from the Philippines show consistently significantly higher volumes than export statistics from the PRC to the Philippines. The difference between the statistics corresponds to the volumes exported from the Philippines to the Community, which indicates that goods may have been transhipped from China via the Philippines to the Community. |
| --- | --- |

(37)

The investigation revealed that exports from the PRC to the Philippines have increased consistently since 2000 and dramatically in 2003. At the same time, import statistics from the Philippines show consistently significantly higher volumes than export statistics from the PRC to the Philippines. The difference between the statistics corresponds to the volumes exported from the Philippines to the Community, which indicates that goods may have been transhipped from China via the Philippines to the Community.

Pakistan

| (38) | As indicated in recital 18 and as explained below in recital 52, the information submitted by the sole cooperating exporter in Pakistan, Ecopak Lighting, was unreliable, inter alia, with regard to its export sales to the Community and had therefore to be disregarded. Instead, Eurostat statistics were used to determine import volumes from Pakistan. Eurostat figures show that imports from Pakistan started in 2001, i.e. after the imposition of the definitive measures in the original investigation and increased by 490 % during the IP, i.e. from 0,2 million units in 2001 to 0,9 million units in the IP. |
| --- | --- |

(38)

As indicated in recital 18 and as explained below in recital 52, the information submitted by the sole cooperating exporter in Pakistan, Ecopak Lighting, was unreliable, inter alia, with regard to its export sales to the Community and had therefore to be disregarded. Instead, Eurostat statistics were used to determine import volumes from Pakistan. Eurostat figures show that imports from Pakistan started in 2001, i.e. after the imposition of the definitive measures in the original investigation and increased by 490 % during the IP, i.e. from 0,2 million units in 2001 to 0,9 million units in the IP.

inter alia

Vietnam

| (39) | As mentioned above in recitals 17 and 19, import volumes with regard to Vietnam were established on the basis of Eurostat statistics. Thus, imports started after the imposition of definitive measures in 2001 and doubled in 2002. In total, imports increased from 0,9 million units in 2001 to 7,1 million units in the IP, i.e. by 767 %. |
| --- | --- |

(39)

As mentioned above in recitals 17 and 19, import volumes with regard to Vietnam were established on the basis of Eurostat statistics. Thus, imports started after the imposition of definitive measures in 2001 and doubled in 2002. In total, imports increased from 0,9 million units in 2001 to 7,1 million units in the IP, i.e. by 767 %.

6.   Conclusion on the change in the pattern of trade

| (40) | The overall decrease of Chinese exports to the Community and the parallel increase of exports from Vietnam, Pakistan and the Philippines after the imposition of the definitive measures constituted a change in the pattern of trade between the above mentioned countries, on the one hand, and the Community, on the other hand. |
| --- | --- |

(40)

The overall decrease of Chinese exports to the Community and the parallel increase of exports from Vietnam, Pakistan and the Philippines after the imposition of the definitive measures constituted a change in the pattern of trade between the above mentioned countries, on the one hand, and the Community, on the other hand.

| (41) | It was considered also that the increase of imports from the PRC from 2002 up to the end of the IP is mainly due to an increase of imports of Lisheng and Shenzhen which were subject to no, or to low, duty rates and which should therefore normally have no, or at least a lower, interest in circumventing the measures in force by transhipment via and/or assembly operations in third countries. Therefore, this increase should not devaluate the conclusion outlined above. |
| --- | --- |

(41)

It was considered also that the increase of imports from the PRC from 2002 up to the end of the IP is mainly due to an increase of imports of Lisheng and Shenzhen which were subject to no, or to low, duty rates and which should therefore normally have no, or at least a lower, interest in circumventing the measures in force by transhipment via and/or assembly operations in third countries. Therefore, this increase should not devaluate the conclusion outlined above.

7.   The Philippines

(a)   Nature of the circumvention practice

| (42) | Since no Philippine company cooperated in the present investigation, the assessment was based on information available in accordance with Article 18 of the basic Regulation, including information provided in the request. The applicant provided prima facie evidence for both the existence of transhipment and of assembly operations in the Philippines. |
| --- | --- |

(42)

Since no Philippine company cooperated in the present investigation, the assessment was based on information available in accordance with Article 18 of the basic Regulation, including information provided in the request. The applicant provided prima facie evidence for both the existence of transhipment and of assembly operations in the Philippines.

prima facie

(b)   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

| (43) | In the absence of any cooperation, the Commission had to base its findings on the facts available, in accordance with Article 18 of the basic Regulation. In the present case, the information submitted by the applicant contained prima facie evidence of transhipment and assembly operations circumventing the anti-dumping measures in force. Moreover, there is a coincidence in time between the imposition of the anti-dumping measures on the PRC and the change in the export trends from China, on the one hand, and of the import trends from the Philippines to the Community, on the other hand, as mentioned in recital 37. Since this confirmed the prima facie evidence already submitted in the request it was concluded that the change in the pattern of trade stemmed from the imposition of the anti-dumping measures rather than from any other due cause or economic justification within the meaning of Article 13(1) of the basic Regulation. |
| --- | --- |

(43)

In the absence of any cooperation, the Commission had to base its findings on the facts available, in accordance with Article 18 of the basic Regulation. In the present case, the information submitted by the applicant contained prima facie evidence of transhipment and assembly operations circumventing the anti-dumping measures in force. Moreover, there is a coincidence in time between the imposition of the anti-dumping measures on the PRC and the change in the export trends from China, on the one hand, and of the import trends from the Philippines to the Community, on the other hand, as mentioned in recital 37. Since this confirmed the prima facie evidence already submitted in the request it was concluded that the change in the pattern of trade stemmed from the imposition of the anti-dumping measures rather than from any other due cause or economic justification within the meaning of Article 13(1) of the basic Regulation.

prima facie

(c)   Undermining of the remedial effect of the anti-dumping duty

| (44) | The change in the pattern of Community imports occurred after the imposition of the anti-dumping measures on imports of CFL-i from China. This change in trade flows was translated in a significant increase in import volumes, i.e. as mentioned in recital 36 by over 250 % between 2001 and the IP. It was therefore concluded that this increase of imports in terms of quantities has undermined the remedial effects of the anti-dumping measures in the Community market. |
| --- | --- |

(44)

The change in the pattern of Community imports occurred after the imposition of the anti-dumping measures on imports of CFL-i from China. This change in trade flows was translated in a significant increase in import volumes, i.e. as mentioned in recital 36 by over 250 % between 2001 and the IP. It was therefore concluded that this increase of imports in terms of quantities has undermined the remedial effects of the anti-dumping measures in the Community market.

| (45) | With regard to prices of the products consigned from the Philippines and in the absence of any cooperation from exporters in the Philippines, export prices were established on the basis of data recorded in Eurostat in accordance with Article 18 of the basic Regulation. On that basis, export prices from the Philippines were on average below the injury elimination level of Community prices as established in the original investigation. |
| --- | --- |

(45)

With regard to prices of the products consigned from the Philippines and in the absence of any cooperation from exporters in the Philippines, export prices were established on the basis of data recorded in Eurostat in accordance with Article 18 of the basic Regulation. On that basis, export prices from the Philippines were on average below the injury elimination level of Community prices as established in the original investigation.

| (46) | Therefore, it was concluded that the imports of the product concerned from the Philippines undermined the remedial effects of the duty in terms of prices and quantities. |
| --- | --- |

(46)

Therefore, it was concluded that the imports of the product concerned from the Philippines undermined the remedial effects of the duty in terms of prices and quantities.

(d)   Evidence of dumping

| (47) | The comparison of the weighted average normal value as established in the original investigation and the weighted average of export prices as established under recital 45 during this IP, expressed as a percentage of the CIF price at the Community frontier, duty unpaid, showed dumping for the imports of CFL-i consigned from the Philippines. |
| --- | --- |

(47)

The comparison of the weighted average normal value as established in the original investigation and the weighted average of export prices as established under recital 45 during this IP, expressed as a percentage of the CIF price at the Community frontier, duty unpaid, showed dumping for the imports of CFL-i consigned from the Philippines.

(e)   Conclusion

| (48) | Given the above, it was concluded that the definitive anti-dumping duty imposed on imports of CFL-i originating in China was circumvented by transhipment via the Philippines pursuant to Article 13(1) of the basic Regulation. |
| --- | --- |

(48)

Given the above, it was concluded that the definitive anti-dumping duty imposed on imports of CFL-i originating in China was circumvented by transhipment via the Philippines pursuant to Article 13(1) of the basic Regulation.

8.   Pakistan

(a)   Nature of the circumvention practice

| (49) | The investigation revealed that Ecopak Lighting had a production/assembly facility for CFL-i in Pakistan. Ecopak Lighting is related to a Chinese company subject to the definitive anti-dumping duty, namely Firefly Lighting Co. Ltd. |
| --- | --- |

(49)

The investigation revealed that Ecopak Lighting had a production/assembly facility for CFL-i in Pakistan. Ecopak Lighting is related to a Chinese company subject to the definitive anti-dumping duty, namely Firefly Lighting Co. Ltd.

| (50) | Ecopak Lighting was registered at the beginning of 2001 (during the original investigation) and started actual operation in May 2001, after the imposition of provisional measures in the original investigation. Machinery and equipment were purchased from a trading company located in the PRC. The transfer of equipment from the PRC to Pakistan started in February 2001, immediately prior to the imposition of provisional measures in the original investigation. The investigation revealed, however, that Ecopak Lighting did not start the production of CFL-i in Pakistan, but only carried out assembly operations. Indeed, evidence was found showing that CFL-i components were manufactured by the related company located in the PRC and imported in semi-assembled ‘kits’. Furthermore, Ecopack Lighting did not have the necessary machinery and equipment, which would have allowed it to produce CFL-i. At its premises in Pakistan, only assembly machinery was found. |
| --- | --- |

(50)

Ecopak Lighting was registered at the beginning of 2001 (during the original investigation) and started actual operation in May 2001, after the imposition of provisional measures in the original investigation. Machinery and equipment were purchased from a trading company located in the PRC. The transfer of equipment from the PRC to Pakistan started in February 2001, immediately prior to the imposition of provisional measures in the original investigation. The investigation revealed, however, that Ecopak Lighting did not start the production of CFL-i in Pakistan, but only carried out assembly operations. Indeed, evidence was found showing that CFL-i components were manufactured by the related company located in the PRC and imported in semi-assembled ‘kits’. Furthermore, Ecopack Lighting did not have the necessary machinery and equipment, which would have allowed it to produce CFL-i. At its premises in Pakistan, only assembly machinery was found.

| (51) | It should be noted that at the time of the verification visit, it was found that no activity (neither production nor assembly) was taking place, no personnel was present and no stocks existed. The company explained that although they had assembly operations during the IP, as shown in particular by the machinery, and a personnel list which was provided, they had stopped the operations shortly before the initiation of the present investigation and had not decided yet whether or not they would restart the activity. On this basis, the existence of a production capacity could not be established. |
| --- | --- |

(51)

It should be noted that at the time of the verification visit, it was found that no activity (neither production nor assembly) was taking place, no personnel was present and no stocks existed. The company explained that although they had assembly operations during the IP, as shown in particular by the machinery, and a personnel list which was provided, they had stopped the operations shortly before the initiation of the present investigation and had not decided yet whether or not they would restart the activity. On this basis, the existence of a production capacity could not be established.

| (52) | Moreover, it was found that Ecopak Lighting had two sets of accounting documents. The accounting records, including the reports of the auditors, were not in line with international accounting standards and were therefore considered unreliable. As a result, a reliable value of the machinery (needed for the calculation of the depreciation to be included in the value added calculation) could not be assessed, nor the precise value of the imported parts or the value added to these parts. In any event, the company did not provide any information which would have enabled the Institutions to examine the thresholds mentioned in Article 13(2)(b). |
| --- | --- |

(52)

Moreover, it was found that Ecopak Lighting had two sets of accounting documents. The accounting records, including the reports of the auditors, were not in line with international accounting standards and were therefore considered unreliable. As a result, a reliable value of the machinery (needed for the calculation of the depreciation to be included in the value added calculation) could not be assessed, nor the precise value of the imported parts or the value added to these parts. In any event, the company did not provide any information which would have enabled the Institutions to examine the thresholds mentioned in Article 13(2)(b).

| (53) | In the light of the evidence available, i.e. the information submitted by the applicant and the fact that almost all parts were imported from the PRC in the form of kits from a related company subject to measures, it was concluded that the operations taking place in Pakistan during the IP should be considered as assembly operations circumventing the definitive anti–dumping duties in force. |
| --- | --- |

(53)

In the light of the evidence available, i.e. the information submitted by the applicant and the fact that almost all parts were imported from the PRC in the form of kits from a related company subject to measures, it was concluded that the operations taking place in Pakistan during the IP should be considered as assembly operations circumventing the definitive anti–dumping duties in force.

(b)   Insufficient due cause or no economic justification other than the imposition of the anti-dumping duty

| (54) | The investigation revealed further facts which confirmed that the assembly operations in Pakistan had no other due cause or economic justification than the imposition of the anti-dumping duty. |
| --- | --- |

(54)

The investigation revealed further facts which confirmed that the assembly operations in Pakistan had no other due cause or economic justification than the imposition of the anti-dumping duty.

| (55) | The change described above in the pattern of trade coincided with the establishment of assembly operations of CFL-i in Pakistan. It was also found that while sales of CFL-i to the Community were made from Pakistan, the Chinese related company continued supplying other markets directly from the PRC. Customers of Ecopak Lighting in the Community ordered CLF-i directly from the related company in China. |
| --- | --- |

(55)

The change described above in the pattern of trade coincided with the establishment of assembly operations of CFL-i in Pakistan. It was also found that while sales of CFL-i to the Community were made from Pakistan, the Chinese related company continued supplying other markets directly from the PRC. Customers of Ecopak Lighting in the Community ordered CLF-i directly from the related company in China.

| (56) | The exporter claimed that the reason for starting the operation in Pakistan was in particular the favourable environment for foreign investments, improved infrastructure and low labour costs in Pakistan. The company also claimed that the Community market is different from other markets with regard to demand, product types and prices which required a different export strategy than for other markets. |
| --- | --- |

(56)

The exporter claimed that the reason for starting the operation in Pakistan was in particular the favourable environment for foreign investments, improved infrastructure and low labour costs in Pakistan. The company also claimed that the Community market is different from other markets with regard to demand, product types and prices which required a different export strategy than for other markets.

| (57) | However, none of these arguments could be supported by sufficient evidence and the company could not show that these factors were taken into consideration at the time of the decision to start the operation in Pakistan. Indeed the results of the on-the-spot verification strongly contradicted the company’s statements. Furthermore, as regards the interruption of the activity, the company was not able to provide a reasonable explanation. In any event, it is noted that the company could restart its assembly operations very easily, if it decided to do so. |
| --- | --- |

(57)

However, none of these arguments could be supported by sufficient evidence and the company could not show that these factors were taken into consideration at the time of the decision to start the operation in Pakistan. Indeed the results of the on-the-spot verification strongly contradicted the company’s statements. Furthermore, as regards the interruption of the activity, the company was not able to provide a reasonable explanation. In any event, it is noted that the company could restart its assembly operations very easily, if it decided to do so.

| (58) | Given the above and since the company also admitted itself that the assembly operation started due to the anti-dumping duties in place in the Community, it was concluded that there was insufficient due cause and no economic justification for the change in the pattern of trade other than the imposition of the anti-dumping duty. |
| --- | --- |

(58)

Given the above and since the company also admitted itself that the assembly operation started due to the anti-dumping duties in place in the Community, it was concluded that there was insufficient due cause and no economic justification for the change in the pattern of trade other than the imposition of the anti-dumping duty.

(c)   Undermining of the remedial effect of the anti-dumping duty

| (59) | The trade flow analysis on the basis of the Eurostat data shows that the change in the pattern of Community imports, which occurred after the imposition of definitive measures on imports originating in China, has undermined the remedial effects of the anti-dumping measures in terms of quantities imported into the Community market. Indeed, the Pakistani company even exported significantly more to the Community during the IP of this investigation than its related company in China had done during the investigation period of the original investigation. |
| --- | --- |

(59)

The trade flow analysis on the basis of the Eurostat data shows that the change in the pattern of Community imports, which occurred after the imposition of definitive measures on imports originating in China, has undermined the remedial effects of the anti-dumping measures in terms of quantities imported into the Community market. Indeed, the Pakistani company even exported significantly more to the Community during the IP of this investigation than its related company in China had done during the investigation period of the original investigation.

| (60) | With regard to the prices of the product consigned from Pakistan, it was found that the prices to unrelated customers in the Community were below the injury elimination level established for Community producers in the original investigation. |
| --- | --- |

(60)

With regard to the prices of the product consigned from Pakistan, it was found that the prices to unrelated customers in the Community were below the injury elimination level established for Community producers in the original investigation.

| (61) | Therefore, it was concluded that the imports from Pakistan of the product concerned undermined the remedial effects of the duty in terms of prices and quantities. |
| --- | --- |

(61)

Therefore, it was concluded that the imports from Pakistan of the product concerned undermined the remedial effects of the duty in terms of prices and quantities.

(d)   Evidence of dumping

| (62) | In accordance with Article 2(11) and (12) of the basic Regulation, a comparison of the weighted average normal value as established in the original investigation and the weighted average of export prices during this investigation’s IP, expressed as a percentage of the CIF price at the Community frontier, duty unpaid, showed dumping for the imports of CFL-i consigned from Pakistan. |
| --- | --- |

(62)

In accordance with Article 2(11) and (12) of the basic Regulation, a comparison of the weighted average normal value as established in the original investigation and the weighted average of export prices during this investigation’s IP, expressed as a percentage of the CIF price at the Community frontier, duty unpaid, showed dumping for the imports of CFL-i consigned from Pakistan.

9.   Vietnam

(a)   General considerations

| (63) | The request contained sufficient prima facie evidence of the existence of circumvention practices by means of transhipment and assembly of the anti-dumping measures in force by imports consigned in Vietnam. |
| --- | --- |

(63)

The request contained sufficient prima facie evidence of the existence of circumvention practices by means of transhipment and assembly of the anti-dumping measures in force by imports consigned in Vietnam.

prima facie

| (64) | Four exporters/producers in Vietnam submitted a reply to the questionnaire. On-the-spot verifications were carried out at the premises of three of them. The fourth company (Halong Simexco) did not allow for an on-the-spot verification and therefore its reply to the questionnaire had to be considered unreliable. Findings with regard to this company were based on facts available in accordance with Article 18 of the basic Regulation. On this basis it was concluded that there was no reason to believe that the operations of this company did not constitute circumvention as defined in Article 13 of the basic Regulation. |
| --- | --- |

(64)

Four exporters/producers in Vietnam submitted a reply to the questionnaire. On-the-spot verifications were carried out at the premises of three of them. The fourth company (Halong Simexco) did not allow for an on-the-spot verification and therefore its reply to the questionnaire had to be considered unreliable. Findings with regard to this company were based on facts available in accordance with Article 18 of the basic Regulation. On this basis it was concluded that there was no reason to believe that the operations of this company did not constitute circumvention as defined in Article 13 of the basic Regulation.

| (65) | As regards the remaining three companies, all established assembly/production lines of CFL-i in Vietnam. However, only one of them exported the product concerned to the Community during the IP (Eco Industries Vietnam). Energy Research Vietnam started exporting after the IP, and therefore requested to be granted an exemption as a newcomer on the basis of Articles 11(4) and 13(4) of the basic Regulation. |
| --- | --- |

(65)

As regards the remaining three companies, all established assembly/production lines of CFL-i in Vietnam. However, only one of them exported the product concerned to the Community during the IP (Eco Industries Vietnam). Energy Research Vietnam started exporting after the IP, and therefore requested to be granted an exemption as a newcomer on the basis of Articles 11(4) and 13(4) of the basic Regulation.

| (66) | Finally, Rang Dong Light Source and Vacuum Flask Joint Stock Company (Ralaco) did not export the product concerned at all during the IP or after this period. With regard to this company, no conclusions could therefore be drawn as to whether definitive anti-dumping duties were being circumvented or not. The situation of this company will be reviewed upon request in cases where the conditions of Articles 11(4) and 13(4) are fulfilled. |
| --- | --- |

(66)

Finally, Rang Dong Light Source and Vacuum Flask Joint Stock Company (Ralaco) did not export the product concerned at all during the IP or after this period. With regard to this company, no conclusions could therefore be drawn as to whether definitive anti-dumping duties were being circumvented or not. The situation of this company will be reviewed upon request in cases where the conditions of Articles 11(4) and 13(4) are fulfilled.

(b)   Nature of the circumvention practice

| (67) | One of the companies mentioned in recital 65, Energy Research Vietnam Co. Ltd, which did not export to the Community during the IP, started, however, exporting CFL-i after the IP and therefore requested to be treated as a newcomer in accordance with Articles 13(4) and 11(4) of the basic Regulation. |
| --- | --- |

(67)

One of the companies mentioned in recital 65, Energy Research Vietnam Co. Ltd, which did not export to the Community during the IP, started, however, exporting CFL-i after the IP and therefore requested to be treated as a newcomer in accordance with Articles 13(4) and 11(4) of the basic Regulation.

| (68) | The verification of this company’s questionnaire reply was, however, significantly impeded by, inter alia, the submission of misleading information (for instance hiding the existence of a stock of the product concerned sold to the Community), and the information submitted thus had to be considered as unreliable. Moreover, Energy Research Vietnam Co. Ltd omitted information concerning its purchase of a Vietnamese company for which the applicant submitted prima facie evidence of circumvention practices in the request. Finally, Energy Research Vietnam Co. Ltd did not allow an on-the-spot verification visit at the premises of its parent company in Hong Kong although it claimed that most of the documents relevant for the investigation would be located at that company. |
| --- | --- |

(68)

The verification of this company’s questionnaire reply was, however, significantly impeded by, inter alia, the submission of misleading information (for instance hiding the existence of a stock of the product concerned sold to the Community), and the information submitted thus had to be considered as unreliable. Moreover, Energy Research Vietnam Co. Ltd omitted information concerning its purchase of a Vietnamese company for which the applicant submitted prima facie evidence of circumvention practices in the request. Finally, Energy Research Vietnam Co. Ltd did not allow an on-the-spot verification visit at the premises of its parent company in Hong Kong although it claimed that most of the documents relevant for the investigation would be located at that company.

inter alia

prima facie

| (69) | Given the above, it was concluded that Energy Research Vietnam Co. Ltd could not be considered as a cooperating party, and therefore the findings related to the company had to be made on the basis of the facts available. On that basis, and in particular the evidence submitted by the complainant and the fact that the information provided in the questionnaire reply was largely deficient, it was concluded that the request of the company to be granted a newcomer status could not be assessed. |
| --- | --- |

(69)

Given the above, it was concluded that Energy Research Vietnam Co. Ltd could not be considered as a cooperating party, and therefore the findings related to the company had to be made on the basis of the facts available. On that basis, and in particular the evidence submitted by the complainant and the fact that the information provided in the questionnaire reply was largely deficient, it was concluded that the request of the company to be granted a newcomer status could not be assessed.

| (70) | Subsequent to disclosure, the company argued that it had been fully cooperating and denied most of the findings detailed in recital 68. However, on the basis of the factual evidence collected by the Commission, these objections were found to be unsubstantiated and groundless. Therefore, the conclusions in recital 69 are confirmed. |
| --- | --- |

(70)

Subsequent to disclosure, the company argued that it had been fully cooperating and denied most of the findings detailed in recital 68. However, on the basis of the factual evidence collected by the Commission, these objections were found to be unsubstantiated and groundless. Therefore, the conclusions in recital 69 are confirmed.

| (71) | Eco Industries Vietnam, a company mentioned in recital 65, is part of a group whose parent company, Eco International Inc., is located in the United States of America (USA). The production facilities for CFL-i were established in August 2003 and exports to the Community started the same year. Two related companies in the Community (Denmark and Spain) are involved in the import, sales and marketing of CLF-i in the Community. CLF-i manufactured in Vietnam are almost entirely exported to the Community (with the exception of some minor sales to Indonesia outside the IP). e3-light, the related Danish company, also purchased CFL-i via a related trader (Eco Industries China) from China and resold the product in the USA. |
| --- | --- |

(71)

Eco Industries Vietnam, a company mentioned in recital 65, is part of a group whose parent company, Eco International Inc., is located in the United States of America (USA). The production facilities for CFL-i were established in August 2003 and exports to the Community started the same year. Two related companies in the Community (Denmark and Spain) are involved in the import, sales and marketing of CLF-i in the Community. CLF-i manufactured in Vietnam are almost entirely exported to the Community (with the exception of some minor sales to Indonesia outside the IP). e3-light, the related Danish company, also purchased CFL-i via a related trader (Eco Industries China) from China and resold the product in the USA.

| (72) | The investigation revealed that the company’s accounts were not in line with international GAAP and that the accounts as a whole showed serious deficiencies and had therefore to be considered unreliable. The company’s costs could therefore not be established on this basis. The investigation also revealed that, during the IP, the company in Vietnam imported almost all CLF-i components used for the production of CFL-i from China. |
| --- | --- |

(72)

The investigation revealed that the company’s accounts were not in line with international GAAP and that the accounts as a whole showed serious deficiencies and had therefore to be considered unreliable. The company’s costs could therefore not be established on this basis. The investigation also revealed that, during the IP, the company in Vietnam imported almost all CLF-i components used for the production of CFL-i from China.

| (73) | Given that the precise value of the imported parts could not be assessed, the value added to these parts could not be calculated. The company did not provide any reliable information which would have enabled an examination of the thresholds mentioned in Article 13(2)(b). |
| --- | --- |

(73)

Given that the precise value of the imported parts could not be assessed, the value added to these parts could not be calculated. The company did not provide any reliable information which would have enabled an examination of the thresholds mentioned in Article 13(2)(b).

| (74) | As a consequence, the assessment regarding Eco Industries Vietnam had to be made on the basis of the facts available, in accordance with Article 18 of the basic Regulation. Consequently, in the light of the evidence available, i.e. the fact that the company started operations after the imposition of measures on the PRC, and that the majority of the parts are imported from the PRC, it was concluded that the operations of Eco Industries Vietnam during the IP should be considered as assembly operations circumventing the definitive anti-dumping duties in force. |
| --- | --- |

(74)

As a consequence, the assessment regarding Eco Industries Vietnam had to be made on the basis of the facts available, in accordance with Article 18 of the basic Regulation. Consequently, in the light of the evidence available, i.e. the fact that the company started operations after the imposition of measures on the PRC, and that the majority of the parts are imported from the PRC, it was concluded that the operations of Eco Industries Vietnam during the IP should be considered as assembly operations circumventing the definitive anti-dumping duties in force.

| (75) | Subsequent to disclosure, the company claimed that the Vietnamese production plant was almost exclusively supplying the Community because its capacity was not sufficient to supply other markets. However, it could be verified that no production had taken place during a significant part of the IP and that therefore sufficient spare capacities to supply markets other than the Community would have been available. The company also claimed that its accounts should be considered as reliable, since they were audited and stated to be in accordance with Vietnamese GAAP. In this context, it is recalled that the company did not keep any ledgers nor did the accounting system used by the company allow verification of the completeness and accuracy of the accounts. Therefore, the conclusions in recital 74 are maintained. |
| --- | --- |

(75)

Subsequent to disclosure, the company claimed that the Vietnamese production plant was almost exclusively supplying the Community because its capacity was not sufficient to supply other markets. However, it could be verified that no production had taken place during a significant part of the IP and that therefore sufficient spare capacities to supply markets other than the Community would have been available. The company also claimed that its accounts should be considered as reliable, since they were audited and stated to be in accordance with Vietnamese GAAP. In this context, it is recalled that the company did not keep any ledgers nor did the accounting system used by the company allow verification of the completeness and accuracy of the accounts. Therefore, the conclusions in recital 74 are maintained.

(c)   Undermining of the remedial effect of the anti-dumping duty

| (76) | The trade flow analysis shows that the change in the pattern of Community imports, which occurred since the imposition of definitive measures on imports originating in China, has undermined the remedial effects of the anti-dumping measures in terms of quantities imported into the Community market. |
| --- | --- |

(76)

The trade flow analysis shows that the change in the pattern of Community imports, which occurred since the imposition of definitive measures on imports originating in China, has undermined the remedial effects of the anti-dumping measures in terms of quantities imported into the Community market.

| (77) | Since only one company with exports of the product concerned during the IP to EU15 cooperated in the present investigation, the analysis for the rest of the companies, i.e. in terms of quantities and prices, had to be done on the basis of the data from Eurostat. As shown in recitals 17 and 39, imports increased significantly, i.e. by more than 700 % since the imposition of definitive measures. |
| --- | --- |

(77)

Since only one company with exports of the product concerned during the IP to EU15 cooperated in the present investigation, the analysis for the rest of the companies, i.e. in terms of quantities and prices, had to be done on the basis of the data from Eurostat. As shown in recitals 17 and 39, imports increased significantly, i.e. by more than 700 % since the imposition of definitive measures.

| (78) | With regard to prices of the product consigned from Vietnam, it was found that the prices of Vietnamese exports were on average below the injury elimination level established for Community producers in the original investigation. |
| --- | --- |

(78)

With regard to prices of the product consigned from Vietnam, it was found that the prices of Vietnamese exports were on average below the injury elimination level established for Community producers in the original investigation.

| (79) | Therefore, it was concluded that the imports from Vietnam of the product concerned undermined the remedial effects of the duty in terms of prices and quantities. The same conclusions apply to the analysis made on the exports of Eco Industries. |
| --- | --- |

(79)

Therefore, it was concluded that the imports from Vietnam of the product concerned undermined the remedial effects of the duty in terms of prices and quantities. The same conclusions apply to the analysis made on the exports of Eco Industries.

(d)   Evidence of dumping

| (80) | In accordance with Article 2(11) and (12) of the basic Regulation, a comparison of the weighted average normal value as established in the original investigation and the weighted average of export prices during this investigation’s IP, expressed as a percentage of the CIF price at the Community frontier duty unpaid, showed dumping the imports of CFL-i consigned from Vietnam. The same conclusion was reached when analysing the export prices of Eco Industries Vietnam. |
| --- | --- |

(80)

In accordance with Article 2(11) and (12) of the basic Regulation, a comparison of the weighted average normal value as established in the original investigation and the weighted average of export prices during this investigation’s IP, expressed as a percentage of the CIF price at the Community frontier duty unpaid, showed dumping the imports of CFL-i consigned from Vietnam. The same conclusion was reached when analysing the export prices of Eco Industries Vietnam.

| (81) | Eco Industries Vietnam claimed that the normal values of the original investigation did not reflect the market characteristics in terms of prices during the IP and should therefore be recalculated or adjusted accordingly without further substantiating its claim. It is noted that Article 13(2)(c) of the basic Regulation provides explicitly that evidence of dumping should be established in relation to the normal values previously established for like or similar products. The methodology used by the Commission was therefore in line with the basic Regulation and no adjustments or recalculations of the normal value during the current IP were warranted. The company also claimed that in constructing the export price of Eco Industries Vietnam in accordance with Article 2(9) of the basic Regulation, a significant amount of selling, general and administrative costs (SG&A) of the Danish related importer (e3light) was wrongly included in the calculation, since this amount would concern services provided to the American parent company and was therefore not related to the sales of the product concerned in the Community, but the company did not provide any evidence supporting this claim. Furthermore, the company did not quantify the amount allegedly incorrectly included in the SG&A nor did it submit any information which would have allowed the Commission to determine these costs, even roughly. The conclusions in recital 80 regarding this company are therefore maintained. |
| --- | --- |

(81)

Eco Industries Vietnam claimed that the normal values of the original investigation did not reflect the market characteristics in terms of prices during the IP and should therefore be recalculated or adjusted accordingly without further substantiating its claim. It is noted that Article 13(2)(c) of the basic Regulation provides explicitly that evidence of dumping should be established in relation to the normal values previously established for like or similar products. The methodology used by the Commission was therefore in line with the basic Regulation and no adjustments or recalculations of the normal value during the current IP were warranted. The company also claimed that in constructing the export price of Eco Industries Vietnam in accordance with Article 2(9) of the basic Regulation, a significant amount of selling, general and administrative costs (SG&A) of the Danish related importer (e3light) was wrongly included in the calculation, since this amount would concern services provided to the American parent company and was therefore not related to the sales of the product concerned in the Community, but the company did not provide any evidence supporting this claim. Furthermore, the company did not quantify the amount allegedly incorrectly included in the SG&A nor did it submit any information which would have allowed the Commission to determine these costs, even roughly. The conclusions in recital 80 regarding this company are therefore maintained.

C.   CONCLUSIONS

| (82) | The present investigation was characterised by a high level of non-cooperation. The companies which were willing to cooperate submitted unreliable information; therefore the findings had to a large extent to be based on facts available in accordance with Article 18 of the basic Regulation. |
| --- | --- |

(82)

The present investigation was characterised by a high level of non-cooperation. The companies which were willing to cooperate submitted unreliable information; therefore the findings had to a large extent to be based on facts available in accordance with Article 18 of the basic Regulation.

| (83) | The above findings showed that there is circumvention of the measures on CFL-i from the PRC within the meaning of Article 13(1) and (2) of the basic Regulation via the three countries. In view of the above, the existing anti-dumping measures imposed on imports of the product concerned originating in the PRC should be extended to the same product consigned from Vietnam, Pakistan and/or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not. |
| --- | --- |

(83)

The above findings showed that there is circumvention of the measures on CFL-i from the PRC within the meaning of Article 13(1) and (2) of the basic Regulation via the three countries. In view of the above, the existing anti-dumping measures imposed on imports of the product concerned originating in the PRC should be extended to the same product consigned from Vietnam, Pakistan and/or the Philippines, whether declared as originating in Vietnam, Pakistan or the Philippines or not.

| (84) | The measures to be extended should be those established in Article 1(2) of the original Regulation for ‘all other companies’. |
| --- | --- |

(84)

The measures to be extended should be those established in Article 1(2) of the original Regulation for ‘all other companies’.

| (85) | In accordance with Article 14(5) of the basic Regulation, which provides that any extended measures should apply to imports which entered the Community under registration imposed by the initiating Regulation, duties should be collected on those registered imports of CFL-i consigned from Pakistan, Vietnam and the Philippines. |
| --- | --- |

(85)

In accordance with Article 14(5) of the basic Regulation, which provides that any extended measures should apply to imports which entered the Community under registration imposed by the initiating Regulation, duties should be collected on those registered imports of CFL-i consigned from Pakistan, Vietnam and the Philippines.

D.   REQUESTS FOR EXEMPTION

| (86) | The four companies in Vietnam and the one company in Pakistan which submitted a questionnaire reply requested an exemption in accordance with Article 13(4) of the basic Regulation. |
| --- | --- |

(86)

The four companies in Vietnam and the one company in Pakistan which submitted a questionnaire reply requested an exemption in accordance with Article 13(4) of the basic Regulation.

| (87) | As mentioned in recital 64, one of these companies (Halong Simexco) subsequently ceased cooperation and in the absence of any other more reliable information, it had to be concluded that this company was circumventing the anti-dumping measures in force. An exemption in accordance with Article 13(4) had therefore to be rejected. |
| --- | --- |

(87)

As mentioned in recital 64, one of these companies (Halong Simexco) subsequently ceased cooperation and in the absence of any other more reliable information, it had to be concluded that this company was circumventing the anti-dumping measures in force. An exemption in accordance with Article 13(4) had therefore to be rejected.

| (88) | A second company in Vietnam, Ralaco, as mentioned in recital 66, did not export the product either during the IP or after that period and no conclusions could be drawn as to the nature of its operations. Therefore, an exemption to this company could not be granted. However, should the conditions in Articles 11(4) and 13(4) of the basic Regulation be fulfilled after extension of the anti-dumping measures in force, the company’s situation may be reviewed upon request. |
| --- | --- |

(88)

A second company in Vietnam, Ralaco, as mentioned in recital 66, did not export the product either during the IP or after that period and no conclusions could be drawn as to the nature of its operations. Therefore, an exemption to this company could not be granted. However, should the conditions in Articles 11(4) and 13(4) of the basic Regulation be fulfilled after extension of the anti-dumping measures in force, the company’s situation may be reviewed upon request.

| (89) | The third company, Energy Research Vietnam Co, Ltd., as outlined in recital 69, submitted misleading information and on this basis was found to be circumventing the definitive anti-dumping measures in force. Furthermore, its links to a Chinese company allegedly involved in circumvention practices could not be clarified. An exemption in accordance with Article 13(4) had therefore to be rejected. |
| --- | --- |

(89)

The third company, Energy Research Vietnam Co, Ltd., as outlined in recital 69, submitted misleading information and on this basis was found to be circumventing the definitive anti-dumping measures in force. Furthermore, its links to a Chinese company allegedly involved in circumvention practices could not be clarified. An exemption in accordance with Article 13(4) had therefore to be rejected.

| (90) | The fourth company in Vietnam, Eco Industries Vietnam Co. Ltd., as outlined in recital 70 and following, did not have a reliable set of accounting records and the added value to the imported parts could thus not be determined. However, parts for the production of CFL-i were almost in their entirety imported from China. The assembly operation in Vietnam had therefore to be considered as circumventing the measures in force. Likewise, an exemption in accordance with Article 13(4) could therefore not be granted. |
| --- | --- |

(90)

The fourth company in Vietnam, Eco Industries Vietnam Co. Ltd., as outlined in recital 70 and following, did not have a reliable set of accounting records and the added value to the imported parts could thus not be determined. However, parts for the production of CFL-i were almost in their entirety imported from China. The assembly operation in Vietnam had therefore to be considered as circumventing the measures in force. Likewise, an exemption in accordance with Article 13(4) could therefore not be granted.

| (91) | Finally, as explained in recital 49 and following, the company in Pakistan was found to be circumventing the anti-dumping duty in force pursuant to Article 13(2) of the basic Regulation. Moreover, this company is related to a company subject to measures, Firefly Lighting Co. Ltd.. On this basis, its request for an exemption in accordance with Article 13(4) has to be rejected. |
| --- | --- |

(91)

Finally, as explained in recital 49 and following, the company in Pakistan was found to be circumventing the anti-dumping duty in force pursuant to Article 13(2) of the basic Regulation. Moreover, this company is related to a company subject to measures, Firefly Lighting Co. Ltd.. On this basis, its request for an exemption in accordance with Article 13(4) has to be rejected.

| (92) | Other exporters concerned which were not contacted by the Commission in the context of this proceeding and which intend to lodge a request for an exemption from the extended anti-dumping duty pursuant to Article 13(4) of the basic Regulation will be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. Such exemption may be granted after the assessment of the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and the likelihood of continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-the-spot verification visit. The request would have to be addressed to the Commission forthwith, with all relevant information, in particular any modification in the company’s activities linked to production and export sales of the product under consideration, |
| --- | --- |

(92)

Other exporters concerned which were not contacted by the Commission in the context of this proceeding and which intend to lodge a request for an exemption from the extended anti-dumping duty pursuant to Article 13(4) of the basic Regulation will be required to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. Such exemption may be granted after the assessment of the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and the likelihood of continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-the-spot verification visit. The request would have to be addressed to the Commission forthwith, with all relevant information, in particular any modification in the company’s activities linked to production and export sales of the product under consideration,

HAS ADOPTED THIS REGULATION:

Article 1

1.   The definitive anti-dumping duty of 66,1 % imposed by Regulation (EC) No 1470/2001 on imports of electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot, falling within CN code ex 8539 31 90 originating in the People’s Republic of China, is hereby extended to electronic compact fluorescent discharge lamps with one or more glass tubes, with all lighting elements and electronic components fixed to the lamp foot or integrated in the lamp foot consigned from Vietnam, Pakistan and/or the Philippines whether declared as originating in Vietnam, Pakistan or the Philippines or not (TARIC code 85393190*92).

2.   The duties extended by paragraph 1 of this Article shall be collected on imports registered in accordance with Articles 13(3) and 14(5) of Regulation (EC) No 384/96.

3.   The provisions in force concerning customs duties shall apply.

Article 2

1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the Community and must be signed by a person authorised to represent the applicant. The request must be sent to the following address:

| European Commission |
| --- |
| Directorate-General for Trade |
| Directorate B |
| Office: J-79 05/17 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate-General for Trade

Directorate B

Office: J-79 05/17

B-1049 Brussels

Fax (32-2) 295 65 05

2.   In accordance with Article 13(4) of Regulation (EC) No 384/96, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies, which do not circumvent the anti-dumping measures imposed by Regulation (EC) No 1470/2001, from the duty extended by Article 1.

Article 3

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 2 of Regulation (EC) No 1582/2004.

Article 4

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 6 June 2005.

For the Council

The President

J. KRECKÉ

---

(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

1

(2)  
  OJ L 195, 19.7.2001, p. 8.

2

(3)  
  OJ C 244, 10.10.2002, p. 2.

3

(4)  
  OJ L 71, 10.3.2004, p. 35.

4

(5)  
  OJ L 289, 10.9.2004, p. 54.

5

---

| 9.6.2005 | EN | Official Journal of the European Union | L 145/16 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/16

---

COMMISSION REGULATION (EC) No 867/2005

of 8 June 2005

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 9 June 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

---

ANNEX

to Commission Regulation of 8 June 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 69,1 |
| 204 | 49,9 |
| 999 | 59,5 |
| 0707 00 05 | 052 | 83,1 |
| 999 | 83,1 |
| 0709 90 70 | 052 | 92,6 |
| 624 | 107,4 |
| 999 | 100,0 |
| 0805 50 10 | 388 | 61,4 |
| 528 | 61,8 |
| 624 | 63,1 |
| 999 | 62,1 |
| 0808 10 80 | 204 | 70,2 |
| 388 | 80,6 |
| 400 | 124,9 |
| 404 | 122,8 |
| 508 | 68,7 |
| 512 | 68,1 |
| 524 | 65,0 |
| 528 | 64,9 |
| 624 | 173,6 |
| 720 | 80,7 |
| 804 | 93,1 |
| 999 | 92,1 |
| 0809 10 00 | 052 | 186,0 |
| 999 | 186,0 |
| 0809 20 95 | 052 | 324,4 |
| 068 | 238,7 |
| 400 | 439,8 |
| 999 | 334,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

69,1

204

49,9

999

59,5

0707 00 05

052

83,1

999

83,1

0709 90 70

052

92,6

624

107,4

999

100,0

0805 50 10

388

61,4

528

61,8

624

63,1

999

62,1

0808 10 80

204

70,2

388

80,6

400

124,9

404

122,8

508

68,7

512

68,1

524

65,0

528

64,9

624

173,6

720

80,7

804

93,1

999

92,1

0809 10 00

052

186,0

999

186,0

0809 20 95

052

324,4

068

238,7

400

439,8

999

334,3

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 9.6.2005 | EN | Official Journal of the European Union | L 145/18 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/18

---

COMMISSION REGULATION (EC) No 868/2005

of 8 June 2005

opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 12(1) thereof,

Whereas:

| (1) | Pursuant to the Community’s international obligations in the context of the Uruguay Round of multilateral trade negotiations (2), it is necessary to create the conditions to import a certain quantity of maize into Spain. |
| --- | --- |

(1)

Pursuant to the Community’s international obligations in the context of the Uruguay Round of multilateral trade negotiations (2), it is necessary to create the conditions to import a certain quantity of maize into Spain.

| (2) | Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3), lays down the special additional detailed rules necessary for implementing the invitation to tender. |
| --- | --- |

(2)

Commission Regulation (EC) No 1839/95 of 26 July 1995 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3), lays down the special additional detailed rules necessary for implementing the invitation to tender.

| (3) | In view of the current market demand in Spain, an invitation to tender for the reduction in the duty on maize is appropriate. |
| --- | --- |

(3)

In view of the current market demand in Spain, an invitation to tender for the reduction in the duty on maize is appropriate.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

1.   An invitation to tender is hereby opened for the reduction in the import duty referred to in Article 10(2) of Regulation (EC) No 1784/2003 on maize to be imported into Spain.

2.   Regulation (EC) No 1839/95 shall apply save as otherwise provided for in this Regulation.

Article 2

The invitation to tender shall be open until 28 July 2005. During that period, weekly invitations shall be issued with quantities and closing dates as shown in the notice of invitation to tender.

Article 3

Import licences issued under these invitations to tender shall be valid 50 days from the date they are issued within the meaning of Article 10(4) of Regulation (EC) No 1839/95.

Article 4

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 June 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78.

1

(2)  
  OJ L 336, 23.12.1994, p. 22.

2

(3)  
  OJ L 177, 28.7.1995, p. 4. Regulation last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

---

| 9.6.2005 | EN | Official Journal of the European Union | L 145/19 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/19

---

COMMISSION REGULATION (EC) No 869/2005

of 8 June 2005

amending Annexes I and II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin as regards ivermectin and carprofen

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (1), and in particular Articles 2 and 3 thereof,

Having regard to the opinions of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,

Whereas:

| (1) | All pharmacologically active substances which are used within the Community in veterinary medicinal products intended for administration to food-producing animals should be evaluated in accordance with Regulation (EEC) No 2377/90. |
| --- | --- |

(1)

All pharmacologically active substances which are used within the Community in veterinary medicinal products intended for administration to food-producing animals should be evaluated in accordance with Regulation (EEC) No 2377/90.

| (2) | Ivermectin has been included in Annex I to Regulation (EEC) No 2377/90 for bovine, porcine, ovine and Equidae for liver and fat and for deer including reindeer for liver, fat, muscle and kidney. That entry should be modified and extended to all mammalian food producing species excluding animals from which milk is produced for human consumption. |
| --- | --- |

(2)

Ivermectin has been included in Annex I to Regulation (EEC) No 2377/90 for bovine, porcine, ovine and Equidae for liver and fat and for deer including reindeer for liver, fat, muscle and kidney. That entry should be modified and extended to all mammalian food producing species excluding animals from which milk is produced for human consumption.

| (3) | Carprofen has been included in Annex I to Regulation (EEC) No 2377/90 with carprofen as marker residue for bovine and Equidae for muscle, fat, liver and kidney excluding bovine from which milk is produced for human consumption. That marker residue should be replaced by the sum of carprofen and carprofen glucuronide conjugate. Carprofen should be included in Annex II to that Regulation for bovine milk only. |
| --- | --- |

(3)

Carprofen has been included in Annex I to Regulation (EEC) No 2377/90 with carprofen as marker residue for bovine and Equidae for muscle, fat, liver and kidney excluding bovine from which milk is produced for human consumption. That marker residue should be replaced by the sum of carprofen and carprofen glucuronide conjugate. Carprofen should be included in Annex II to that Regulation for bovine milk only.

| (4) | Regulation (EEC) No 2377/90 should be amended accordingly. |
| --- | --- |

(4)

Regulation (EEC) No 2377/90 should be amended accordingly.

| (5) | An adequate period should be allowed before the applicability of this Regulation in order to enable Member States to make any adjustment which may be necessary in the light of this Regulation to the marketing authorisations granted in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (2). |
| --- | --- |

(5)

An adequate period should be allowed before the applicability of this Regulation in order to enable Member States to make any adjustment which may be necessary in the light of this Regulation to the marketing authorisations granted in accordance with Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products (2).

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

HAS ADOPTED THIS REGULATION:

Article 1

Annexes I and II to Regulation (EEC) No 2377/90 are amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 8 August 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 June 2005.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 224, 18.8.1990, p. 1. Regulation as last amended by Commission Regulation (EC) No 712/2005 (OJ L 120, 12.5.2005, p. 3).

1

(2)  
  OJ L 311, 28.11.2001, p. 1. Directive as last amended by Directive 2004/28/EC (OJ L 136, 30.4.2004, p. 58).

2

---

ANNEX

A.   The following substance(s) is(are) inserted in Annex I to Regulation (EEC) No 2377/90

2.   Antiparasitic agents

2.3.   Agents acting against endo- and ectoparasites

2.3.1.   Avermectins

| Pharmacologically active substance(s) | Marker residue | Animal species | MRLs | Target tissues |
| --- | --- | --- | --- | --- |
| ‘Ivermectin | 22,23-Dihydro-avermectin B1a | All mammalian food-producing species (1) | 100  μg/kg | Fat |
| 100  μg/kg | Liver |
| 30  μg/kg | Kidney |

Pharmacologically active substance(s)

Marker residue

Animal species

MRLs

Target tissues

‘Ivermectin

22,23-Dihydro-avermectin B1a

All mammalian food-producing species (1)

100  μg/kg

Fat

100  μg/kg

Liver

30  μg/kg

Kidney

4.   Anti-inflammatory agents

4.1.   Nonsteroidal anti-inflammatory agents

4.1.1.   Arylpropionic acid derivative

| Pharmacologically active substance(s) | Marker residue | Animal species | MRLs | Target tissues |
| --- | --- | --- | --- | --- |
| ‘Carprofen | Sum of carprofen and carprofen glucuronide conjugate | Bovine, equidae | 500  μg/kg | Muscle |
| 1 000  μg/kg | Fat |
| 1 000  μg/kg | Liver |
| 1 000  μg/kg | Kidney’ |

Pharmacologically active substance(s)

Marker residue

Animal species

MRLs

Target tissues

‘Carprofen

Sum of carprofen and carprofen glucuronide conjugate

Bovine, equidae

500  μg/kg

Muscle

1 000  μg/kg

Fat

1 000  μg/kg

Liver

1 000  μg/kg

Kidney’

B.   The following substance(s) is(are) inserted in Annex II to Regulation (EEC) No 2377/90

8.   Anti-inflammatory agents

| Pharmacologically active substance(s) | Animal species |
| --- | --- |
| ‘Carprofen | Bovine (2) |

Pharmacologically active substance(s)

Animal species

‘Carprofen

Bovine (2)

---

(1)  Not for use in animals from which milk is produced for human consumption.’

1

(2)  For bovine milk only.’

2

---

| 9.6.2005 | EN | Official Journal of the European Union | L 145/21 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/21

---

COMMISSION REGULATION (EC) No 870/2005

of 8 June 2005

on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (2),

Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (3), and in particular Article 5(3) thereof,

Whereas:

| (1) | Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India. |
| --- | --- |

(1)

Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

| (2) | Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India. |
| --- | --- |

(2)

Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

| (3) | Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries. |
| --- | --- |

(3)

Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries.

| (4) | In the week of 30 May to 3 June 2005 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation. |
| --- | --- |

(4)

In the week of 30 May to 3 June 2005 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation.

| (5) | In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached, |
| --- | --- |

(5)

In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of import licence applications presented from 30 May to 3 June 2005 in line with Article 5(1) of Regulation (EC) No 1159/2003 licences shall be issued for the quantities indicated in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 9 June 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 2).

1

(2)  
  OJ L 146, 20.6.1996, p. 1.

2

(3)  
  OJ L 162, 1.7.2003, p. 25. Regulation as last amended by Regulation (EC) No 568/2005 (OJ L 97, 15.4.2005, p. 9).

3

---

ANNEX

ACP-INDIA preferential sugar

Title II of Regulation (EC) No 1159/2003

2004/05 marketing year

| Country | Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Barbados | 100 | |
| Belize | 0 | reached |
| Congo | 100 | |
| Fiji | 0 | reached |
| Guyana | 0 | reached |
| India | 3,5018 | |
| Côte d'Ivoire | 100 | |
| Jamaica | 100 | |
| Kenya | 100 | |
| Madagascar | 100 | |
| Malawi | 0 | reached |
| Mauritius | 0 | reached |
| Mozambique | 0 | reached |
| Saint Kitts and Nevis | 100 | |
| Swaziland | 0 | reached |
| Tanzania | 100 | |
| Trinidad and Tobago | 100 | |
| Zambia | 100 | |
| Zimbabwe | 0 | reached |

Country

Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted

Limit

Barbados

100

Belize

0

reached

Congo

100

Fiji

0

reached

Guyana

0

reached

India

3,5018

Côte d'Ivoire

100

Jamaica

100

Kenya

100

Madagascar

100

Malawi

0

reached

Mauritius

0

reached

Mozambique

0

reached

Saint Kitts and Nevis

100

Swaziland

0

reached

Tanzania

100

Trinidad and Tobago

100

Zambia

100

Zimbabwe

0

reached

2005/06 marketing year

| Country | Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Barbados | — | |
| Belize | 100 | |
| Congo | — | |
| Fiji | 100 | |
| Guyana | 100 | |
| India | — | |
| Côte d'Ivoire | — | |
| Jamaica | — | |
| Kenya | — | |
| Madagascar | — | |
| Malawi | 100 | |
| Mauritius | 100 | |
| Mozambique | 100 | |
| Saint Kitts and Nevis | — | |
| Swaziland | 100 | |
| Tanzania | — | |
| Trinidad and Tobago | — | |
| Zambia | — | |
| Zimbabwe | 100 | |

Country

Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted

Limit

Barbados

—

Belize

100

Congo

—

Fiji

100

Guyana

100

India

—

Côte d'Ivoire

—

Jamaica

—

Kenya

—

Madagascar

—

Malawi

100

Mauritius

100

Mozambique

100

Saint Kitts and Nevis

—

Swaziland

100

Tanzania

—

Trinidad and Tobago

—

Zambia

—

Zimbabwe

100

Special preferential sugar

Title III of Regulation (EC) No 1159/2003

2004/05 marketing year

| Country | Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| India | 0 | reached |
| ACP | 100 | |

Country

Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted

Limit

India

0

reached

ACP

100

CXL concessions sugar

Title IV of Regulation (EC) No 1159/2003

2004/05 marketing year

| Country | Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Brazil | 0 | reached |
| Cuba | 0 | reached |
| Other third countries | 0 | reached |

Country

Week of 30.5.2005-3.6.2005: percentage of requested quantity to be granted

Limit

Brazil

0

reached

Cuba

0

reached

Other third countries

0

reached

---

| 9.6.2005 | EN | Official Journal of the European Union | L 145/24 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/24

---

COMMISSION REGULATION (EC) No 871/2005

of 8 June 2005

laying down the reduction coefficient to be applied under tariff subquota III for common wheat of a quality other than high quality opened by Regulation (EC) No 2375/2002

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 2375/2002 of 27 December 2002 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EEC) No 1766/92 (2), and in particular Article 5(3) thereof,

Whereas:

| (1) | Regulation (EC) No 2375/2002 opens an annual tariff quota of 2 981 600 tonnes of common wheat of a quality other than high quality. That quota is divided into three subquotas. |
| --- | --- |

(1)

Regulation (EC) No 2375/2002 opens an annual tariff quota of 2 981 600 tonnes of common wheat of a quality other than high quality. That quota is divided into three subquotas.

| (2) | Article 3(3) of Regulation (EC) No 2375/2002 fixes a quantity of 592 900 tonnes for subquota III for the period 1 April to 30 June 2005. |
| --- | --- |

(2)

Article 3(3) of Regulation (EC) No 2375/2002 fixes a quantity of 592 900 tonnes for subquota III for the period 1 April to 30 June 2005.

| (3) | The quantities applied for on 6 June 2005, in accordance with Article 5(1) of Regulation (EC) No 2375/2002, exceed the quantities available. The extent to which licences may be issued should therefore be determined and a reduction coefficient laid down to be applied to the quantities applied for, |
| --- | --- |

(3)

The quantities applied for on 6 June 2005, in accordance with Article 5(1) of Regulation (EC) No 2375/2002, exceed the quantities available. The extent to which licences may be issued should therefore be determined and a reduction coefficient laid down to be applied to the quantities applied for,

HAS ADOPTED THIS REGULATION:

Article 1

Each application for an import licence for subquota III for common wheat of a quality other than high quality lodged and forwarded to the Commission on 6 June 2005 in accordance with Article 5(1) and (2) of Regulation (EC) No 2375/2002 shall be accepted at a rate of 6,19683 % of the quantity applied for.

Article 2

This Regulation shall enter into force on 9 June 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 8 June 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 270, 21.10.2003, p. 78.

1

(2)  
  OJ L 358, 31.12.2002, p. 88. Regulation as last amended by Regulation (EC) No 1111/2003 (OJ L 158, 27.6.2003, p. 21).

2

---

II Acts whose publication is not obligatory

EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 9.6.2005 | EN | Official Journal of the European Union | L 145/25 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/25

---

EFTA SURVEILLANCE AUTHORITY DECISION

No 218/03/COL

of 12 November 2003

with regard to state aid in the form of regionally differentiated social security contributions — Norway

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24 and Protocol 3 thereof,

Having regard to the Authority’s Guidelines (3) on the application and interpretation of Articles 61 and 62 of the EEA Agreement,

Having regard to the Authority’s decision to propose appropriate measures to Norway (4),

Having regard to the EEA Joint Committee Decision No 88/2002 of 25 June 2002 (5) incorporating into Annex XV to the EEA Agreement Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (6),

Having called on interested parties to submit their comments pursuant to the provisions cited above (7),

Whereas the Norwegian authorities by letter dated 26 March 2003 notified to the Authority a three-year transitional period for the regionally differentiated social security contributions as well as a new direct transport aid scheme,

Whereas the present decision only concerns the notification of a three-year transitional period for the regionally differentiated social security contributions, and not the notification of a new direct transport aid scheme,

| | |
| --- | --- |

HAS ADOPTED THIS DECISION:

| 1. | The State aid which Norway is planning to implement in form of the notified transitional period for the regionally differentiated social security contributions in zones 3 and 4 is authorised under Article 61(3)(c) of the EEA Agreement. |
| --- | --- |

1.

| 2. | This decision is addressed to the Kingdom of Norway. |
| --- | --- |

2.

| 3. | This decision is authentic in the English language. |
| --- | --- |

3.

Done at Brussels, 12 November 2003.

For the EFTA Surveillance Authority

Einar M. BULL

President

Hannes HAFSTEIN

College Member

---

(1)  Hereinafter referred to as the EEA Agreement.

1

(2)  Hereinafter referred to as the Surveillance and Court Agreement.

2

(3)  Procedural and Substantive Rules in the Field of State Aid (State Aid Guidelines), adopted and issued by the EFTA Surveillance Authority on 19 January 1994. Published in the
  Official Journal of the European Communities L 231 of 3 September 1994, p. 1. The Guidelines were last amended 5 November 2003 (not yet published in the Official Journal).

3

Official Journal of the European Communities

(4)  Decision of the EFTA Surveillance Authority No 172/02/COL (OJ C 52, 6. 3.2003, p. 16) and EEA Supplement No 13, 16.3.2003, p. 1.

4

(5)  
  OJ L 266, 3.10.2002, p. 56 and EEA Supplement No 49, 3.10.2002, p. 42.

5

(6)  
  OJ L 10, 13. 1.2001, p. 30.

6

(7)  EFTA Surveillance Authority Decision No 141/03/COL of 16 July 2003 (OJ C 216, 11. 9.2003, p. 3) and EEA Supplement No 45, 11.09.2003, p. 1.

7

(8)  EFTA Surveillance Authority Decision No 141/03/COL of 16 July 2003 (OJ C 216, 11.9.2003, p. 3) and EEA Supplement No 45, 11. 9.2003, p. 1.

8

(9)  EFTA Surveillance Authority Decision No 228/99/COL (OJ C 3, 6.1.2000, p. 3) and EEA Supplement No 1, 6.1.2000.

9

(10)  
  OJ L 244, 14. 9.2001, p. 32.

10

(11)  Decision No 172/02/COL.

11

(12)  The Standing Committee of the EFTA States decided on 1 July 2003 (No 2/2003/SC) that the present scheme in zone 5 is compatible with the functioning of the EEA Agreement due to the exceptional circumstances in this zone (see point 1 above).

12

(13)  
  ‘En analyse av regionale virkninger av omlegging av differensiert arbeidsgiveravgift’. Møreforskning, arbeidsrapport M 0309, see website: www.mfm.no

13

(14)  EFTA Court Case E-6/98, The Government of Norway v EFTA Surveillance Authority [1999] Report of the EFTA Court, p. 74.

14

(15)  EFTA Surveillance Authority Decision No 228/99/COL (OJ C 3, 6. 1.2000, p. 3) and EEA Supplement No 1, 6.1.2000.

15

(16)  Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (OJ L 10, 13.1.2001, p. 30), as incorporated into the EEA Agreement by Decision No 88/2002 of 25 June 2002 of the EEA Joint Committee (OJ L 266, 3.10.2002, p. 56 and EEA Supplement No 49, 3.10.2002). Cumulation rules ensure that overall de minimis aid will not exceed the threshold of EUR 100 000 in the course of three years (see Commission Regulation (EC) No 69/2001).

16

de minimis

de minimis

(17)  See for example Articles 8(3), 20 and Protocols 3 and 9 to the EEA Agreement, as well as Article 24 of the Surveillance and Court Agreement.

17

(18)  The Authority noted that the Commission also authorised transitional arrangements. See for example Commission Decision No 88/318/EEC of 2 March 1988 on Law No 64 of 1 March 1986 on aid to the Mezzogiorno (OJ L 143, 10.06.1988, p. 37); State aid No 586/2002 — Italy — Aid measures in favour of cableway installations introduced with L.R. 9/98, Regione Lombardia.

18

(19)  Case C-24/95 Land Rheinland-Pfalz v Alcan Deutschland [1997] ECR I-1591.

19

Land Rheinland-Pfalz v Alcan Deutschland

(20)  As regards the Norwegian Government’s argument that the Authority had sent ‘no clear signals’, the Authority maintains its view as expressed in its Decision of 16 July 2003 in point 3.1.

20

(21)  State Aid Guidelines, Chapter 25.4.

21

---

ANNEX

GEOGRAPHICAL ZONES AND CURRENT (2003) TAX RATES

—   Zone I: 14,1 % tax.

This zone includes all municipalities not mentioned below under zones II to V.

—   Zone II: 10,6 % tax.

This zone includes:

| — | in Nord-Trøndelag county, the municipalities of Meråker, Frosta, Leksvik, Mosvik, Verran, |
| --- | --- |

—

in Nord-Trøndelag county, the municipalities of Meråker, Frosta, Leksvik, Mosvik, Verran,

| — | in Sør-Trøndelag county, the municipalities of Ørland, Agdenes, Rissa, Bjugn, Rennebu, Meldal, Midtre Gauldal, Selbu, |
| --- | --- |

—

in Sør-Trøndelag county, the municipalities of Ørland, Agdenes, Rissa, Bjugn, Rennebu, Meldal, Midtre Gauldal, Selbu,

| — | in Møre og Romsdal county, the municipalities of Vanylven, Sande, Herøy, Norddal, Stranda, Stordal, Rauma, Nesset, Midsund, Sandøy, Gjemnes, Tingvoll, Sunndal, Haram, Aukra, Eide, |
| --- | --- |

—

in Møre og Romsdal county, the municipalities of Vanylven, Sande, Herøy, Norddal, Stranda, Stordal, Rauma, Nesset, Midsund, Sandøy, Gjemnes, Tingvoll, Sunndal, Haram, Aukra, Eide,

| — | in Sogn og Fjordane county, all municipalities, |
| --- | --- |

—

in Sogn og Fjordane county, all municipalities,

| — | in Hordaland county, the municipalities of Etne, Ølen, Tysnes, Kvinnherad, Jondal, Odda, Ullensvang, Eidfjord, Ulvik, Granvin, Kvam, Modalen, Fedje, Masfjorden, Bømlo, |
| --- | --- |

—

in Hordaland county, the municipalities of Etne, Ølen, Tysnes, Kvinnherad, Jondal, Odda, Ullensvang, Eidfjord, Ulvik, Granvin, Kvam, Modalen, Fedje, Masfjorden, Bømlo,

| — | in Rogaland county, the municipalities of Hjelmeland, Suldal, Sauda, Kvitsøy, Utsira, Vindafjord, Finnøy, |
| --- | --- |

—

in Rogaland county, the municipalities of Hjelmeland, Suldal, Sauda, Kvitsøy, Utsira, Vindafjord, Finnøy,

| — | in Vest-Agder county, the municipalities of Åseral, Audnedal, Hægebostad, Sirdal, |
| --- | --- |

—

in Vest-Agder county, the municipalities of Åseral, Audnedal, Hægebostad, Sirdal,

| — | in Aust-Agder county, the municipalities of Gjerstad, Vegårshei, Åmli, Iveland, Evje og Hornnes, Bygland, Valle, Bykle, |
| --- | --- |

—

in Aust-Agder county, the municipalities of Gjerstad, Vegårshei, Åmli, Iveland, Evje og Hornnes, Bygland, Valle, Bykle,

| — | in Telemark county, the municipalities of Drangedal, Tinn, Hjartdal, Seljord, Kviteseid, Nissedal, Fyresdal, Tokke, Vinje, Nome, |
| --- | --- |

—

in Telemark county, the municipalities of Drangedal, Tinn, Hjartdal, Seljord, Kviteseid, Nissedal, Fyresdal, Tokke, Vinje, Nome,

| — | in Buskerud county, the municipalities of Flå, Nes, Gol, Hemsedal, Ål, Hol, Sigdal, Rollag, Nore and Uvdal, |
| --- | --- |

—

in Buskerud county, the municipalities of Flå, Nes, Gol, Hemsedal, Ål, Hol, Sigdal, Rollag, Nore and Uvdal,

| — | in Oppland county, the municipalities of Nord-Fron, Sør-Fron, Ringebu, Gausdal, Søndre Land, Nordre Land, |
| --- | --- |

—

in Oppland county, the municipalities of Nord-Fron, Sør-Fron, Ringebu, Gausdal, Søndre Land, Nordre Land,

| — | in Hedmark county, the municipalities of Nord-Odal, Eidskog, Grue, Åsnes, Våler, Trysil, Åmot. |
| --- | --- |

—

in Hedmark county, the municipalities of Nord-Odal, Eidskog, Grue, Åsnes, Våler, Trysil, Åmot.

—   Zone III: 6,4 % tax.

This zone includes:

| — | in Nord-Trøndelag county, the municipality of Snåsa, |
| --- | --- |

—

in Nord-Trøndelag county, the municipality of Snåsa,

| — | in Sør-Trøndelag county, the municipalities of Hemne, Snillfjord, Oppdal, Røros, Holtålen, Tydal, |
| --- | --- |

—

in Sør-Trøndelag county, the municipalities of Hemne, Snillfjord, Oppdal, Røros, Holtålen, Tydal,

| — | in Oppland county, the municipalities of Dovre, Lesja, Skjåk, Lom, Vågå, Sel, Sør-Aurdal, Etnedal, Nord-Aurdal, Vestre Slidre, Øystre Slidre, Vang, |
| --- | --- |

—

in Oppland county, the municipalities of Dovre, Lesja, Skjåk, Lom, Vågå, Sel, Sør-Aurdal, Etnedal, Nord-Aurdal, Vestre Slidre, Øystre Slidre, Vang,

| — | in Hedmark county, the municipalities of Stor-Elvdal, Rendalen, Engerdal, Tolga, Tynset, Alvdal, Folldal, Os, |
| --- | --- |

—

in Hedmark county, the municipalities of Stor-Elvdal, Rendalen, Engerdal, Tolga, Tynset, Alvdal, Folldal, Os,

—   Zone IV: 5,1 % tax.

This zone includes:

| — | in Troms county, municipalities not included among those listed below under zone V, |
| --- | --- |

—

in Troms county, municipalities not included among those listed below under zone V,

| — | in Nordland county, all municipalities, |
| --- | --- |

—

in Nordland county, all municipalities,

| — | in Nord-Trøndelag county, the municipalities of Namsos, Namdalseid, Lierne, Røyrvik, Namsskogan, Grong, Høylandet, Overhalla, Fosnes, Flatanger, Vikna, Nærøy, Leka, |
| --- | --- |

—

in Nord-Trøndelag county, the municipalities of Namsos, Namdalseid, Lierne, Røyrvik, Namsskogan, Grong, Høylandet, Overhalla, Fosnes, Flatanger, Vikna, Nærøy, Leka,

| — | in Sør-Trøndelag county, the municipalities of Hitra, Frøya, Åfjord, Roan, Osen, |
| --- | --- |

—

in Sør-Trøndelag county, the municipalities of Hitra, Frøya, Åfjord, Roan, Osen,

| — | in Møre og Romsdal county, the municipality of Smøla. |
| --- | --- |

—

in Møre og Romsdal county, the municipality of Smøla.

—   Zone V: 0 % tax.

This zone includes:

| — | in Finnmark county, all municipalities, |
| --- | --- |

—

in Finnmark county, all municipalities,

| — | in Troms county, the municipalities of Karlsøy, Lyngen, Storfjord, Kåfjord, Skjervøy, Nordreisa and Kvænangen. |
| --- | --- |

—

in Troms county, the municipalities of Karlsøy, Lyngen, Storfjord, Kåfjord, Skjervøy, Nordreisa and Kvænangen.

---

Corrigenda

| 9.6.2005 | EN | Official Journal of the European Union | L 145/42 |
| --- | --- | --- | --- |

9.6.2005

EN

Official Journal of the European Union

L 145/42

---

Corrigendum to Council Directive 89/682/EEC of 21 December 1989 amending Directive 86/298/EEC on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors

(
  Official Journal of the European Communities L 398 of 30 December 1989
  )

On page 30, Article 1, point 4:

for:

| ‘4. | in Annex VI, the following point is inserted:






  ‘7.3. | Indication and results of any additional dynamic test’,’ |
| --- | --- | --- |

‘4.

in Annex VI, the following point is inserted:

‘7.3.

Indication and results of any additional dynamic test’,’

read:

| ‘4. | in Annex V, the following point is inserted:






  ‘7.3. | Indication and results of any additional dynamic test’.’ |
| --- | --- | --- |

‘4.

in Annex V, the following point is inserted:

‘7.3.

Indication and results of any additional dynamic test’.’

---